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HomeMy WebLinkAbout2014-05-21 Merit Appeals Board MinutesMERIT BOARD OF APPEALS Department of Human Resources 101 Pauahi Street, Suite 102 Hilo, Hawai'i May 21, 2014 CALL TO ORDER The regular meeting of the Merit Appeals Board, County of Hawaii, was called Item 1): to order at 11:06 a.m. by Chairperson Jubilee N. Kuewa, at the Department of Human Resources Conference Room, 101 Pauahi Street, Suite 2, Hilo, Hawaii, on Wednesday, May 21, 2014. ROLL CALL Present: Mr. Jubilee N. Kuewa, Chair Ms. June R. Rabago, Vice -Chair Mr. David K. S. Nahuina, Member Absent: Ms. Ida H. Otake, Member Also Present: Ms. Sharon Toriano, Director, HR Department Mr. Nicholas Hermes, Deputy Director, HR Department Ms. Diane Noda, Deputy Corporation Counsel, Ofc. of the Corp. Counsel Mr. Stewart Maeda, County Clerk, Office of the County Clerk Ms. Jennifer Jo, Human Resources Technician II, Office of the County Clerk Ms. Alika Kost, Human Resources Manager II, HR Department Ms. Jenny Sakamoto, Human Resources Manager II, HR Department Ms. Gabriella Cabanas, Human Resources Manager II, HR Department Ms. Teri Spinola-Campbell, Equal Opportunity Officer, HR Department Ms. Charmaine Kamaka, Human Resources Manager II, HR Department Ms. Glynis Yamada, Secretary -Reporter, HR Department ADDENDUM TO The Chair directed the Board to the next order of business, Addendum to AGENDA Agenda. Item 2): (There was none.) STATEMENTS The Chair directed the Board to proceed to the next order of business, FROM THE PUBLIC Statements from the Public. Item 3): (There were none.) Merit Board of Appeals May 21, 2014 APPROVAL OF The Chair directed the Board to proceed to the next order of business, MINUTES (Item 4): Approval of Minutes. (There were none.) COMMUNI- The Chair directed the Board to proceed to the next order of business, CATIONS Communications. Item 5): COMMUNICATION NO. 14-01, RECEIVED ON MAY 9, 2014, APPEALING A NON -SELECTION TO A POSITION WITHIN THE OFFICE OF THE COUNTY CLERK Chair Kuewa stated that the purpose today would be to schedule a hearing date concerning the appeal submitted by the Appellant, Ms. Torres. The Board has received another communication from Ms. Torres who is requesting that the Board delay or postpone scheduling her hearing, and asked Mr. Maeda for his thoughts on the request. (At this time, Mr. Stewart Maeda (or "Employer"), County Clerk, Office of the County Clerk, came forward.) Mr. Maeda replied that they're not opposed to delaying the hearing, but they would like to schedule it as soon as possible—hopefully, in August. Ms. Rabago asked for clarification as to whether the letter dated May 16, 2014 is the document numbered 14-01.1 (SEE ATT. A), which he's referring to or whether it's the e-mail from Ms. Torres because it does ask for a postponement (SEE ATT. B). Chair Kuewa replied that an e-mail was received this morning from Ms. Torres concerning the scheduling of the hearing (SEE PREY. ATT. B), and asked if the Members had an opportunity to review it. Ms. Noda stated that she believes that the Department's position is it's an open recruitment—open to anyone, anywhere, and any potential applicant in the nation. The proper avenue to appeal a non -selection for this position is through the Department's Internal Complaint Procedure, then to the Merit Appeals Board versus filing a HGEA bargaining unit grievance. If the Department's position was different, then its attorney, on behalf of the Department would file a motion to dismiss for lack of Merit Appeals Board jurisdiction. Page 2 Merit Board of Appeals May 21, 2014 Ms. Noda further stated that one of the options for the Board to consider would be for the Department, prior to the actual hearing date, file a motion to dismiss the appeal because the Merit Appeals Board lacks jurisdiction. If that is the only motion considered and the Merit Appeals Board dismisses the appeal, the Appellant or the Department wouldn't need to prepare for the hearing. Mr. Nahuina stated that the fact that HGEA has decided to go forward with the grievance that the Merit Appeals Board wouldn't have jurisdiction. Ms. Rabago agreed and stated that's what she's hearing Ms. Noda say that the Board would need to formally ask for an opinion before the Board could discuss it further. Ms. Noda wondered whether Mr. Maeda's response to the Appellant on the Step 1 Grievance was included in the exhibit. Ms. Rabago replied that nothing was provided concerning the grievance, only the response to the internal complaint procedure from Mr. Maeda and another party. Ms. Noda believes that Mr. Maeda's response concerning the grievance was that the proper avenue was their internal complaint procedure, but didn't believe it was made part of the submissions. Ms. Rabago replied that she received the April 1, 2014 letter, and it outlined the procedures of the internal complaint process, but she doesn't see a specific statement saying that it's the correct process (SEE ATT. C, which is a part of the Appellant's submittal in Communication No. 14-01). Ms. Rabago suggested that in spite of Council Chair J Yoshimoto's Step 2 internal complaint decision (SEE ATT. D, which is a part of the Appellant's submittal in Communication No. 14-01), that the Board inquire with the Attorney General's Office for an opinion. Chair Kuewa asked Ms. Toriano and Mr. Hermes their opinion of what process Ms. Torres is in now, and what normally would be the next step. Ms. Toriano replied that she, too, questioned the jurisdiction for the Merit Appeals Board hearing this appeal. In an open recruitment, our past practice has been that an employee may file an appeal with the Merit Appeals Board, which has been entertained by the Board. There is a dual tract of addressing the same complaint and so it raises the serious question of the jurisdiction. Ms. Toriano informed the Board that they would be revisiting the internal complaint procedure. All of the County department's internal complaint Page 3 Merit Board of Appeals May 21, 2014 procedures would become null and void and they would be operating under a single County -wide internal complaint procedure. Mr. Toriano stated that it makes sense to give the employee a choice. In a situation like this where it's an open recruitment and there are applicants from outside of the County, the employee would be able to choose which tract they'd want to pursue—grievance or the Merit Appeals Board. Mr. Hermes reiterated Ms. Toriano's point that, in the past, their department has advised that the distinguishing factor depends upon what the recruitment vehicle is. In looking at the collective bargaining agreements, the controlling or related language is "promotions." In this case, the County Clerk's office elected to conduct an open recruitment worldwide. In the past opinions of previous Administrations, it was felt that the most appropriate appeal venue would be the internal complaint procedure culminating in an appeal with the Merit Appeals Board. Mr. Hermes stated that the reason for that was the concept of "recruitment and examination," which is the subject matter under the jurisdiction of the Merit Appeals Board. It was a little more generic and global to the issue of a non - selection when competing against people from all over—not just within our particular jurisdictional civil service system. Conversely, if this was an internal promotion within the County Clerk's office, more than likely our answer would have been different and more aligned with the grievance procedure. In the scheme of things, it seemed to make sense as they try to decipher cases day-to- day—but, it's a matter of opinion. Ms. Noda said she thinks part of the confusion is that the Appellant refers to it as a "promotion," so that would put it within the collective bargaining agreement. She concurred with Mr. Hermes because if there was an applicant for this same position, say, from Florida, that applicant would have the same opportunity to appeal their non -selection, thus everyone in that applicant pool should be using the same vehicle to appeal. Ms. Rabago stated that she somewhat agreed and disagreed. The Merit Appeals Board is here for recruitment, whether internal or external. If they're questioning their qualifications and they're deemed ineligible, they can come to the Board, or if for any reason they think that everything wasn't considered that should have been considered, they can come to the Board. But, if they're applying for a position, which in this case is a promotion from a Clerk I to a Clerk II position, people from the outside could come here as this would be the proper procedure for them because they're not civil service employees. But, for this particular person, Ms. Torres, the proper path to follow is the grievance procedure. Page 4 Merit Board of Appeals May 21, 2014 Ms. Rabago said that she strongly believes there are certain things that a civil service employee can appear before this Board and certain things that the proper path would be the grievance procedure. Chair Kuewa stated that based on what he's heard this was an open announcement open to the public as well as to the current employees. The process for challenging a decision by the individual depends upon the status of the person filing an objection or a complaint. So, for current civil service employees, under this announcement, have this process. Does a non -civil service employee have a different process? Was it a rule, policy, or regulation rather than just a practice? Ms. Toriano replied that the current internal complaint procedure is silent in distinguishing a civil servant from a non -civil servant. If you go back to what is the deciding factor to access the Merit Appeals Board, it has to do with how the position was announced and recruited for, and not the status of the applicant. Chair Kuewa commented this was announced to the public and anyone who filed an objection, such as this appellant, would go through the internal complaint procedure and, ultimately, to the Merit Appeals Board. It appears that the Merit Appeals Board has jurisdiction once the individual finishes the internal complaint procedures. Ms. Toriano replied that they may access the Merit Appeals Board because our procedures are silent, and it doesn't disallow it. Ms. Noda stated that they're aware that the Appellant had filed in both tracks. Process -wise, the Appellant may have input or an opinion. She would possibly represent the department (Office of the County Clerk), if the jurisdiction issue is contested and argued. Probably someone from the Office of the Corporation Counsel would be giving a legal opinion and as part of the contested case for the appellant, an attorney from the Attorney General's Office would represent this Board. Ms. Rabago inquired if this Board hears this case and makes a decision and the grievance goes forward and a decision is made—and are different—what would be the decision. Ms. Noda replied that if there isn't a motion to dismiss for lack of Merit Appeals Board jurisdiction, there would be a motion in the grievance tract for lack of arbitrability because that would not be the proper venue. Ms. Rabago commented that the arbitrator could rule either way. Page 5 Merit Board of Appeals May 21, 2014 Chair Kuewa stated that the Appellant has already gone through the internal complaint process. In her e-mail, which is Communication No. 14-01.2, she also has a grievance hearing as well as EEOC for mediation (SEE ATT. E). So, she's going through three channels. He asked whether this was allowed or prohibited. Is there a provision that prohibits someone from doing multiple or simultaneous channels on the same issue? If an employee is allowed to go through multiple processes simultaneously, does this Board have the authority to dismiss their using the Merit Appeals Board process. Ms. Noda replied that that's the motion to dismiss in one, two, or three of the venues. According to the Appellant's e-mail, her grievance step is at the preliminary stage of Step I, whereas, before this body it's at the final unless there's an appeal to circuit court and the decision. Mr. Nahuina stated that when this position was posted, it wasn't posted as a promotion worldwide. It was posted as a vacant position. The Appellant was applying for it—not as a promotion, but as a person qualified for the vacant position, although it is a promotion for her because it's not a lateral change. Mr. Nahuina further stated that the Appellant applied for an open position, but at the same time, is trying to fall back on her time spent and experience within the system, and claiming that it's a promotion. She's using the union, Merit Appeals Board, and the grievance procedures. She needs to decide what her real issue is—she doesn't have union representation, therefore, should she come to the Merit Appeals Board? Chair Kuewa commented on the "promotion" term. He considers the Appellant an applicant, like all of the others who applied. If she's selected, the nature of the action would be a promotion, but until she's actually selected and promoted— this is not a promotion action. It's an application. Ms. Rabago stated that the Appellant applied for a position, she qualified, and she was a candidate for the position. Whether or not 100 people applied from the outside, they were all candidates for the position. For this particular person, this was a promotional opportunity from a Clerk I to a Clerk II. Ms. Rabago directed the Board to its Rule 104-3(a) which states, "The Board shall not act on an appeal but shall defer to other authority if the action complained of constitutes a prohibited act that is subject to the jurisdiction of another appellate body or administrative agency or the grievance procedure under a collective bargaining agreement." The Appellant is a bargaining unit member. The position Page 6 Merit Board of Appeals May 21, 2014 itself is Bargaining Unit 03, under HGEA. For her it was a promotional opportunity and she should be filing a grievance. Ms. Rabago understands that the Department of Human Resources has allowed multiple paths. She could agree if they said the Appellant didn't qualify on the application or her 10 years of service didn't meet the minimum qualifications. Ms. Noda commented that out of a pool of applications, what would be fair— whether one or some of them have the option to do one path and the others do not. Ms. Rabago stated as far as she's concerned the Appellant can avail herself to the grievance process. If in this grievance process, the person from Florida is out, it's up to them to decide what they want to do—and they may come before this Board. But, we're talking about a bargaining unit member who has this right and this path. And that's the path she should be taking. Ms. Noda stated it's up to the Board if they would like to make a decision now or obtain input from one or both parties regarding the jurisdiction issue. Mr. Hermes stated that in situations where whether it's an external or internal application process, employees are applying from multiple, different bargaining units and backgrounds. The Merit Appeals Board and the internal complaint procedure is a more global and inclusive process where many applicants/complainants may have a voice and due process. The advice that they've given in the past is in the interest of everyone having the same place to show up and speak, if they need to on their own behalf. If they were to advise the opposite, in the case where there was multiple bargaining units, it would be a little problematic for them to administer, notwithstanding that there may be multiple grievances and grievance tracts from different bargaining units, but our predecessors may have found this to be the most inclusive. Chair Kuewa agreed with Mr. Hermes and what he's heard, however, he wasn't comfortable on making any decision because it's unclear what the jurisdiction issues or boundaries are. He feels that the Board should be provided an advisory by counsel who would be assigned to handle this appeal hearing. Ms. Noda clarified that the Board is not requesting that both parties have the opportunity to make a submittal on the jurisdiction issue, but would like the Board's counsel to do the legal research and to issue a legal opinion. Chair Kuewa replied in the affirmative. Ms. Noda informed the Board that the Board's counsel would be Mr. Julian White for appeal matters. Ms. Noda further stated that this Page 7 Merit Board of Appeals May 21, 2014 matter would be calendared for the next meeting in June, under "Unfinished Business" as well as possible scheduling. Motion: Chair Kuewa moved that the Board defer scheduling the hearing and other matters related to the Appellant, until the Board receives an opinion from their counsel concerning the Merit Appeals Board's jurisdiction to hear this case. Seconded by Ms. Rabago. The voice vote, was as follows: AYES: Board Members Nahuina, Rabago, and Chair Kuewa — 3. NOES: None. ABSENT: Board Member Otake —1. EXCUSED: None. Chair Kuewa informed the Board that based on this motion, the other two matters concerning the scheduling and the recusal of the recorder (Board Secretary) would be deferred as well to the Board's June meeting. NEW BUSINESS The Chair directed the Board to proceed to the next order of business, New Item 6): Business. (There was none.) UNFINISHED BUSINESSThe Chair directed the Board to proceed to the next order of business, Item 7): Unfinished Business. COMMUNICATION NO. 13-02, RECEIVED ON AUGUST 1, 2013, FROM JAY ISHIBASHI, HGEA MCEC AGENT, APPEALING AN INVOLUNTARY TRANSFER TO ANOTHER POSITION WITHIN THE DEPARTMENT OF PUBLIC WORKS (Deferred: August 21, 2013• September 18 2013• and March 19 2014) Ms. Noda stated that the County would be filing a motion to dismiss but has not done so, yet. If a motion is not filed in June or July, she would like to request that his appeal be scheduled in August for a motion or a status update. Presently, their office caseload is heavy and they are in transition. Page 8 Merit Board of Appeals May 21, 2014 Motion: Ms. Rabago moved to defer Communication Number 13-02 to August. Seconded by Mr. Nahuina. The voice vote, was as follows: AYES: Board Members Nahuina, Rabago, and Chair Kuewa — 3. NOES: None. ABSENT: Board Member Otake —1. EXCUSED: None. DIRECTOR'S REPORT The Chair directed the Board to proceed to the next order of business, Item 8): Director's Report. Ms. Toriano stated that this is the time of year where they're leveling out with negotiations with HGEA Units 02, 03, and 04. In addition, the State Legislature passed a bill that established Bargaining Unit 14, which is primarily for their Water Safety Officers and for the State law enforcement job classes. According to the bill, it's supposed to come up on July 1 of this year, and they would probably need a little more time to get a collective bargaining agreement for Unit 14. Ms. Toriano informed the Board that she would like to take this opportunity to introduce their Human Resources Division Heads, so that they would be somewhat familiar with the staff and all of the great things they do for the department. (At this time, Ms. Alika Kost, Human Resources Manager II, came forward.) Ms. Kost stated that she is a part of Personnel/Organizational Development, and takes care of coordinating, conducting, and organizing training for the County. She works directly with other departments to meet their training needs, as well as facilitate conflict resolution. (At this time, Ms. Jenny Sakamoto, Human Resources Manager II, came forward.) Ms. Sakamoto stated that she is responsible for Classification and Pay, which covers job classes, re -organizations, and reallocations. They assist departments with their organizational structure as well as assist them in maintaining their classes and advisory roles. Page 9 Merit Board of Appeals May 21, 2014 (At this time, Ms. Gabriella Cabanas, Human Resources Manager II, came forward.) Ms. Cabanas stated that she oversees the recruitment and examination division, and they're responsible for all of the open -competitive and internal recruitments. They have a lot of public contact with both applicants and employees, and encourages everyone to apply for County of Hawaii jobs. They attend job fairs throughout the island and do recruitment talks at the University of Hawaii, Hawaii Community College, as well as other community organizations on an as needed basis, such as the Department of Education and Veterans groups. They do County -wide job placements of their medically injured employees who cannot return to their usual and customary jobs in the County. They also advise the County's 21 departments on how to fill their vacancies and provide general guidance, as needed, regarding job placement and related issues. (At this time, Ms. Teri Spinola-Campbell, Equal Opportunity Officer (and Americans with Disability Coordinator), came forward.) Ms. Spinola-Campbell stated that she's not restricted to the Department of Human Resources. Under the ADA, she takes complaints from the public concerning their County's services, programs, and facilities. She develops policies, procedures, and does training for the County's employees as well as train people in the community, answers questions, and disseminates information. Also, concerning Title VI, she sometimes does complaint reviews for non- discrimination, and for recipients of federal assistance she assists departments with language access under Hawaii's language access law and investigates complaints. She's sometimes involved in conflict resolution. (At this time, Ms. Charmaine Kamaka, Human Resources Manager II, came forward.) Ms. Kamaka stated that they're responsible for the County's Employee Health and Safety programs, and works with departments to create a safe and healthy workplace for their employees island -wide. They're an in-house resource in helping the departments comply with occupational safety and health standards. For example, they'll call and ask what a rule is about. They'll look up the standards and give them options on how they could comply with that standard in the simplest way and in the most cost-effective manner. Employees can call with safety complaints and they'll address those. If there's an occupational safety and health inspection, they would go and defend the honor of the departments. They also conduct in-house training to comply with safety standards. The other side of their function is to manage the County's self-insured workers compensation program. Tax dollars are spent judiciously because it's not their money and they Page 10 Merit Board of Appeals May 21, 2014 need to take care of their injured workers. They need to determine that the injury did, in fact, occur and whether or not it would rise to the level of an industrial injury—from its inception to its resolution. At this time, Chair Kuewa and Board Members thanked everyone. Ms. Toriano stated that it's important that the Board is aware that the division heads are actively involved in defining how their performance is measured. As problems or issues arise, they're readily available to nip it in the butt by monitoring it on an ongoing basis. Chair Kuewa inquired whether Nick is in charge of labor relations. Ms. Toriano replied that she asked Nick to be patient. They had a very serious concern with the security and safety of our employees which required immediate assistance from the Department of Information Technology. In order to do so, they had to take the money from somewhere and, consequently, the lag in the hiring for the position. Ironically, the Department of Information Technology was able to provide a worker to assist us. They have since advertised and announced the vacancy for the labor position. It hasn't closed yet, and hopes to have a person sometime in July. Chair Kuewa thanked Mr. Hermes for wearing two hats. Mr. Nahuina inquired about the cover letter concerning the Director of Human Resources evaluation as well as the status of its distribution. Ms. Toriano replied that Chair Kuewa signed the letter and it's been distributed. The deadline for the departments to respond is May 28. Ms. Noda mentioned that some questions concerning the annual evaluation sent to department heads and deputies have been brought to her attention by Ms. Yamada. There were several questions whether the department head could or should be distributing the evaluation within their department in order for other people to provide the Board with feedback. This is something to consider for next year that, perhaps, the instructions or cover letter may want to address that. Chair Kuewa commented that it's always useful to receive input from the people within the organization, but it's a matter of whether the response or input comes to the Board from just the director or everyone from within the organization. For discussion purposes, he preferred that they do an informal survey within their own department and that the director provide a summary of it. Page 11 Merit Board of Appeals May 21, 2014 At this time, Chair Kuewa clarified for the Board that Item Number 5 (Communication 14-01) concerning the Appellant, Ms. Torres, that the Board Secretary will issue sufficient notice to her of the Board's decision today. The Board's attorney will follow-up and determine whether the Attorney General or Corporation Counsel provide an opinion with regards to the jurisdictional issue concerning hearing her case by this Board, and that a written legal opinion would be submitted to this Board prior to its meeting in June. SCHEDULE NEXT The Chair directed the Board to proceed to the next order of business, Schedule MEETING DATE Next Meeting Date. Item 9): Chair Kuewa announced that their next regularly scheduled meeting would be held on Wednesday, June 25, 11 a.m., at the Human Resources Conference Room. ADJOURNMENT There being no other business, at 12:03 a.m., Ms. Rabago moved to adjourn the Item 10): meeting. Seconded by Mr. Nahuina and carried by the following vote The voice vote, was as follows: AYES NOES: ABSENT: EXCUSED: APPROVED: ftubilee N. Kuewa Chair Board Members Nahuina, Rabago, and Chair Kuewa — 3. None. Board Member Otake - 1. None. Respectfully submitted, Glyni Yamada Secretary ST/gy Page 12 COUNTY -OF HAWA11 f'11` f i`E'E')1_!"'IC,IS 2DI4 IE:rky 19 AM 8:27 May 16, 2014 Jubilee N. Kuewa, Chair County of Hawaii Merit Appeals Board 3100 Ainaola Drive Hilo, Hawaii 96720 RE: CONFLICT OF INTEREST Dear Mr. Kuewa: My name is Doreen "Dee" Torres and my case is scheduled to be discussed at your May 21, 2014 meeting. At this time, I am requesting that Glynis Yamada, Secretary of the County of Hawaii Merit Appeals Board, recuse herself, due to a conflict of interest. She was my former supervisor in the County Clerk's Office, in Council Services. In 2011, while being TA'd (temporarily assigned) to the Council Services Assistant II (SR -17) position, she gave me a negative JPR (job Performance Appraisal Report) after my probationary period, but yet continued to allow me to TA for an additional year -and -a -half, and also failed to give me an official final JPR. I feel that this negative JPR was the result of her insufficient training and destructive Temporary Assignment; also, by not providing the proper work tools (supplies and equipment), such as the "Share Drive" necessary to create the Council Agenda (in violation of HGEA BU 03 Article 17D Personal Rights). I have records to show that this caused me to work three hours overtime while I attempted to prepare my first Council Agenda on January 11, 2011. This was discovered a few months following my JPR, when I noticed other Council Services and Committee Services staff sharing this drive while making their agendas, as it contained vital information needed to complete the task. She also often instigated dissent amongst us, and I also felt that she was constantly setting me up for failure. Thank you in advance. And I would appreciate your consideration to my request to postpone this meeting to appoint an interim secretary, as I feel that her influence and/or input may affect the Merit Appeals Board's decision regarding my complaint. Please email me at dtorresrr)co.hawaii.hi.us or call me at 961-8256 or 938-9101, if you should need further details pertaining to this request. Sincerest Aloha, oreen "Dee" M. Torres Council Services Assistant I (SR -14) Office of the County Clerk MERIT BOARD OF APPEALS COUNTY OF HAWAII cc: Maile Etherton, Union Agent, Hawaii Government Employees AssociationcoM. NO. 14-01.1 Nicholas Hermes, Deputy Director, Human Resources Department DATE P/May 21, 2014 Yamada, Glynis From: Hermes, Nicholas Sent: Monday, May 19, 2014 7:56 AM To: Yamada, Glynis Subject: FW: MAB Request Attachments: MAB Recuse.pdf From: Torres, Dee Sent: Friday, May 16, 2014 9:37 AM To: jkuewa@hawaii.edu Cc: metherton(ftgea.org; Hermes, Nicholas Subject: MAB Request Good Morning Mr. Kuewa, My name is Dee Torres of the Office of the County Clerk. Please see attached letter of request for the upcoming Merit Appeals Board Meeting on Wednesday, May 21, 2014. Please email or call me at 961-8256 or 938-9101 regarding the status of this matter, or if you should need further details regarding this request. Have a nice day! Mahalo & Aloha, Dee Torres Council Services Assistant I Office of the County Clerk Jube Kuewa From: Dee Torres [dtorres@co.hawaii.hi.us] Sent: Wednesday, May 21, 2014 10:31 AM To: Jube Kuewa Cc: metherton@hgea.org; Hermes, Nicholas Subject: RE: Request to Postpone Hearing Yes. Mr. Kuewa, as the Merit Board's decision is binding & final, I would appreciate it very much if you would postpone scheduling my hearing, pending the results of my other ongoing cases. I will notify you when to proceed with the scheduling of my case. Thank you very much in advance for your consideration regarding my request. Have a nice day. Aloha for now, Dee 'Torres From: Jube Kuewa [mailto•ikuewa@hawaii.edu] Sent: Wednesday, May 21, 2014 10:20 AM To: Torres, Dee Subject: FW: Request to Postpone Hearing Ms. Torres, thank you for sharing your update. For clarification purposes, are you asking the Merit Appeals Board to postpone its scheduling of your appeal hearing until you notify us that you are ready for the hearing and when you will be available? Jube Kuewa From: Dee Torres[mailto•dtorres@co.hawaii.hi.us] Sent: Wednesday, May 21, 2014 10:12 AM To: Jube Kuewa Cc: metherton@hgea.org; Hermes, Nicholas Subject: Request to Postpone Hearing Hi Mr. Kuewa, Thanks for your response. Sorry, [ won't be at the meeting today, as I have multiple deadlines to meet today. Please discuss my request as it is very vital that Glynis Yamada not influence any decision that the board may make regarding my case. FYI, HGEA has decided to proceed with my Grievance—Step I is scheduled for this Friday, citing recruitment & testing violations. I personally believe that Glynis wants to rush my case forward before these violations are investigated. It may behoove the Merit Board to postpone my case, as the results of my Grievance regarding recruitment & testing violations may prove relevant to this Board; also, FYI the status of my EEOC complaint is in the mediation phase. Sincerest Aloha, Dee Torres From: Jube Kuewa [mailto_jkuewa(a)hawaii.edu] Sent: Wednesday, May 21, 2014 9:54 AM To: Torres, Dee Subject: 1 Yes, Ms. Torres, the Board meeting will take place today as planned. The agenda will include scheduling a hearing date for your appeal and to also discuss your request. Jube Kuewa From: Dee Torres [mailto:dtorres co.hawaii.hi.us] Sent: Wednesday, May 21, 2014 7:42 AM To: Jube Kuewa Cc: metherton@hgea.org; Hermes, Nicholas Subject: RE: MAB Request Importance: High Good Morning Mr. Kuewa, Could you please inform me of the status of my request, as the Merit Appeals Board Meeting to schedule my hearing is today at 11 a.m. To date, I have not received a notice of postponement of today's meeting. Mahalo & Aloha, Dee Torres Council Services Assistant I Office of the County Clerk From: Jube Kuewa [mailto Jkuewa@hawaii.edu] Sent: Friday, May 16, 2014 10:56 AM To: Torres, Dee Cc: metherton@hgea.org; Hermes, Nicholas Subject: RE: MAB Request Ms. Torres, I received your request today and am looking into the matter at this time. Thank you. Jube Kuewa From: Torres, Dee[mailto:dtorres@co.hawaii.hi.us] Sent: Friday, May 16, 2014 9:37 AM To: Jube Kuewa Cc: metherton@hyea.org; Hermes, Nicholas Subject: MAB Request Good Morning Mr. Kuewa, My name is Dee Torres of the Office of the County Clerk. Please see attached letter of request for the upcoming Merit Appeals Board Meeting on Wednesday, May 21, 2014. Please email or call me at 961-8256 or 938-9101 regarding the status of this matter, or if you should need further details regarding this request. Have a nice day! Mahalo & Aloha, Dee Torres Council Services Assistant I Office of the County Clerk April 1, 2014 J Yoshimoto Council Chair & Presiding Officer Hawaii County Council 25 Aupuni Street, Suite 1402 Hilo, Hawaii 96720 Dear Chair Yoshimoto: Pursuant to the Internal Complaint Procedure's, Office of the County Clerk, I am requesting a Step 2 meeting with you, as I am appealing the Step I decision from Stewart Maeda, County Clerk (attached), regarding my non -selection for the recruitment of the Council Services Assistant II (SR -17) position. The County Clerk's decision just based on the interview scores does not justify my non -promotion. At this point in time, I am still questioning the validity of the scoring. Consideration of other criteria or factors are necessary to select or promote within the Civil Service Merit System, as my eleven (11) years of successful and dedicated service has indicated. I am also questioning the selection of the interview panel. I would appreciate a response within seven (7) working days, as stipulated in the complaint procedures for a meeting date and time. I can be reached at 961-8256 or by cell 938-9101. Sincerely, �J w Doreen "Dee" M. Torres Council Services Assistant I (SR -14) Office of the County Clerk Cc: Maile Etherton, Union Agent, Hawaii Government Employees Association Jennifer Jo, Human Resources Technician II, Office of the County Clerk Enclosures J YOSHIMOTO Chair & Presiding Office Council District 2 Email.jyoshimoto@co.hawaii.hi.us Via Hand Delivery April 11, 2014 HAWAII COUNTY COUNCIL County of Hawaii Hawai'i County Building 25 Aupuni Street, Suite 1402 Hilo, Hawaii 96720 Ms. Doreen Torres, Council Services Assistant I Office of the County Clerk 25 Aupuni Street, Suite 1402 Hilo, Hawaii 96720 Subject: Internal Complaint — Step 2 Decision Dear Ms. Torres: Phone: (808) 961-8272 Fax: (808) 961-8912 This letter acknowledges our Internal Complaint Step 2 meeting on April 3, 2014, to discuss your non - selection for the Council Services Assistant II position. Also present at the meeting were Union Agent Maile Etherton and Council Vice -Chair Karen Eoff. This meeting was scheduled as part of the internal complaint process. You previously met with County Clerk Stewart Maeda in Step 1 on March 27, 2014. I have reviewed the interview instrument and the selection process used by the Clerk's office. Based on our meeting and the review of the documents in this case, I will not be overturning the Step 1 decision made by County Clerk, Mr. Maeda. If you do not agree with this decision, you may appeal this decision to the Merit Appeals Board in accordance with section 104-1 of the Rules of the Civil Service Commission. Sincerely, TYoshim�oto County Council Chair cc: Stewart Maeda, Hawaii County Clerk Karen Eoff, County Council Vice -Chair Maile Etherton, HGEA Union Agent Hawaii County is an Equal Opportunity Provider and Employer Jube Kuewa c:nlu ,<<F l• Fig Il _q From: Dee Torres [dtorres@co.hawaii.hi.us] Sent: Wednesday, May 21, 2014 10:31 AM ,� x, 03 To: Jube Kuewa Cc: metherton@hgea.org; Hermes, Nicholas Subject: RE: Request to Postpone Hearing Yes, Mr. Kuewa, as the Merit Board's decision is binding & final, I would appreciate it very much if you would postpone scheduling my hearing, pending the results of my other ongoing cases. I will notify you when to proceed with the scheduling of my case. Thank you very much in advance for your consideration regarding my request. Have a nice day. Aloha for now, Dee Torres From: Jube Kuewa [mailto:jkuewa@hawaii.edu] Sent: Wednesday, May 21, 2014 10:20 AM To: Torres, Dee Subject: FW: Request to Postpone Hearing Ms. Torres, thank you for sharing your update. For clarification purposes, are you asking the Merit Appeals Board to postpone its scheduling of your appeal hearing until you notify us that you are ready for the hearing and when you will be available? Jube Kuewa From: Dee Torres[mailto:dtorres@co.hawaii.hi.us] Sent: Wednesday, May 21, 2014 10:12 AM To: Jube Kuewa Cc: metherton@hgea.org; Hermes, Nicholas Subject: Request to Postpone Hearing Hi Mr. Kuewa, Thanks for your response. Sony, I won't be at the meeting today, as I have multiple deadlines to meet today. Please discuss my request as it is very vital that Glynis Yamada not influence any decision that the board may make regarding my case. FYI, HGEA has decided to proceed with my Grievance—Step 1 is scheduled for this Friday, citing recruitment & testing violations. I personally believe that Glynis wants to rush my case forward before these violations are investigated. It may behoove the Merit Board to postpone my case, as the results of my Grievance regarding recruitment & testing violations may prove relevant to this Board; also, FYI the status of my EEOC complaint is in the mediation phase. Sincerest Aloha, Dee Torres From: Jube Kuewa [mailto:jkuewa@hawaii.edu] Sent: Wednesday, May 21, 2014 9:54 AM To: Torres, Dee Subject: MERIT BOARD OF APPEALS COUNTY OF HAWAII COM. NO. 14-01.2 DATE P/May 21, 2014 Yes, Ms. Torres, the Board meeting will take place today as planned. The agenda will include scheduling a hearing date for your appeal and to also discuss your request. Jube Kuewa From: Dee Torres[mailto:dtorres@co.hawaii.hi.us] Sent: Wednesday, May 21, 2014 7:42 AM To: Jube Kuewa Cc: metherton(ahgea.org; Hermes, Nicholas Subject: RE: MAB Request Importance: High Good Morning Mr. Kuewa, Could you please inform me of the status of my request, as the Merit Appeals Board Meeting to schedule my hearing is today at 11 a.m. To date, I have not received a notice of postponement of today's meeting. Mahalo & Aloha, Dee Torres Council. Services Assistant I Office of the County Clerk From: Jube Kuewa [mailto:ikuewaahawaii.edu] Sent: Friday, May 16, 2014 10:56 AM To: Torres, Dee Cc: methertonahgea.org; Hermes, Nicholas Subject: RE: MAB Request Ms. Torres, I received your request today and am looking into the matter at this time. Thank you. Jube Kuewa From: Torres, Dee[mailto:dtorres@co.hawaii.hi.us] Sent: Friday, May 16, 2014 9:37 AM To: Jube Kuewa Cc: metherton@)hyea.org; Hermes, Nicholas Subject: MAB Request Good Morning Mr. Kuewa, My name is Dee Torres of the Office of the County Clerk. Please see attached letter of request for the upcoming Merit Appeals Board Meeting on Wednesday, May 21, 2014. Please email or call me at 961-8256 or 938-9101 regarding the status of this matter, or if you should need further details regarding this request. Have a nice day! Mahalo & Aloha, Dee Torres Council Services Assistant I Office of the County Clerk 2